October 16, 2009 By Stephen Klarich

A recent case held that sodomy with a minor may be an exception to the registerable sex offense law under California Penal Code section 290. The case of People v. Thompson 2009 DJDAR 14309 stated that registration is not mandatory citing another previous case of People v. Hofsheier 2006 37 Cal. 4th 1185 that ruled portions of the registration laws in California unconstitutional.

In the Thompson case, the court required him to register as a sex offender for acts of vaginal and anal intercourse. The alleged victim in that case was 17 years old. Citing the Hofsheier case, Mr. Thompson argued that requiring him to register as a sex offender violated the Equal Protection Clause of the United States Constitution just as it did by forcing Mr. Hofsheire from registering due to oral copulation.

Hofsheire held that voluntary oral copulation could not be treated differently from voluntary sexual intercourse because “there is no plausible reason, based on reasonably conceivable facts, why judicial discretion is a sufficient safeguard to protect against repeat offenders who engage in sexual intercourse, but not with offenders who engage in oral copulation.” In this new Thompson case, they could find any more of a rational distinction between sodomy and unlawful sexual intercourse, in terms of the measures required to safeguard society against repeat offenders then the Supreme Court found between oral copulation and unlawful intercourse under Hofsheier

If you or a loved one is facing any crime that “may” require 290 sex registration, call the law offices of Wallin & Klarich. We have been assisting people like Mr. Hofsheier and Mr. Thompson for over 30 years. We understand the laws involving sex offender registration in California and know what is mandatory registration under 290 PC and discretionary registration under 290.006 PC. Even if you are currently registering as a sex offender, we may be able to take you off that dreaded list. The stakes are just too high not to call us. With offices throughout the state of California, our lawyers can provide you efficient assistance. Call us 24 hours a day, 7 days a week, at (877) 466-5245. We will be here when you call.

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